Electronic Communications and digital infrastructure

Cugia Cuomo & Associati advises companies and operators active in the fields of electronic communications, digital infrastructure, technology and media, providing legal and regulatory assistance throughout the design, development, acquisition and management of innovative networks, services and business activities.

The evolution of the European and national regulatory framework, the convergence of telecommunications, digital services and cloud infrastructure, and the growing importance of network security and resilience require an integrated approach combining regulatory, contractual, administrative and commercial expertise.

We assist electronic communications network and service operators, wholesale providers, mobile and virtual operators, technology companies, service providers, public entities and investors, both Italian and international, in interpreting and applying the European and national regulatory framework governing the sector.

Our services include, among other matters:

-  general authorisations, notifications of commencement of activities, rights of use and administrative requirements under the Italian Electronic Communications Code for the provision of networks and services in Italy, including internet access services, voice and VoIP services, mobile services, MVNO and ESP services, machine-to-machine communications, the Internet of Things and edge computing;

-  numbering, identification resources, number portability, migration, interoperability, emergency services, caller location, national and international roaming, net neutrality and quality of service;

-  radio spectrum, 4G, 5G and future-generation networks, private networks, shared spectrum use, small cells, satellite networks and non-terrestrial connectivity services;

- regulatory compliance, coverage mapping, transparency and information obligations, end-user protection, universal service, accessibility and management of relations with the competent authorities;

-  access, interconnection, interoperability, sharing of passive and active infrastructure, local loop access, co-investment, very high-capacity networks and wholesale access conditions;

-  the development, deployment, maintenance and management of network infrastructure, including fibre-optic networks, ducts, towers, antennas, radio equipment, data centres, edge networks, submarine cables and cable landing stations;

-  application of the European regulatory framework on Gigabit infrastructure, with particular regard to access to existing physical infrastructure, the availability of information through single information points, the coordination of civil works, cost sharing and access to in-building physical infrastructure suitable for fibre deployment;

-   rights of way, occupation of and crossing public and private land, authorisations for excavation and deployment works, access to buildings and common areas, and relations with owners, condominium associations, utility network operators, concessionaires and local authorities;

- electromagnetic field regulation, the installation and modification of radio base stations, temporary installations and small cells, and relations with municipalities, regions, ARPA, landscape authorities and the authorities responsible for air navigation safety;

-  critical infrastructure and the physical resilience of networks, business continuity, crisis management, supply-chain security and coordination of the obligations arising under the regulatory frameworks governing networks and information systems and the resilience of critical entities;

-  network and service security, incident management and notification, technical and organisational measures, relations with the National Cybersecurity Agency and other competent authorities, as well as compliance requirements relating to mandatory assistance and interception services;

- cloud services, data centres, edge computing and technology contracts, with particular focus on interoperability, portability, the sharing of data generated by connected products and related services, switching providers, exit strategies, subcontracting and service continuity;

- the use of artificial intelligence in network management, security, customer support and operational processes, including assessment of the applicable scope, risk classification, transparency obligations, data governance and the relationships among providers, deployers and customers;

- personal data protection, the confidentiality of communications, traffic and location data, cookies and tracking technologies, marketing and commercial communications, in coordination with the sector-specific rules governing electronic communications;

- digital services and intermediary services, where applicable, with regard to terms and conditions, content management, notice-and-action procedures, transparency, relations with users and interactions with the competent authorities;

-   negotiation, drafting and review of B2B contracts between operators and technology providers, interconnection, access and transit agreements, wholesale agreements, service-level agreements, capacity and connectivity agreements, IRUs, dark fibre, housing, colocation, maintenance and managed services agreements;

-  extraordinary transactions and reorganisations in the sector, including acquisitions and disposals of companies or business units, the transfer of authorisations, numbering resources and rights of use, wholesale migration of customers, service continuity and management of relations with authorities and counterparties;

- agreements with Ministries, Regions, Municipalities, local authorities, concessionaires and public entities for the development and use of networks and infrastructure, as well as for access to public infrastructure and the management of charges, contributions, rights of way and support measures for the development of connectivity;

-    assistance in administrative and sanctioning proceedings, public consultations and disputes before AGCOM, AGCM, the Italian Data Protection Authority, Corecom, the National Cybersecurity Agency, the Ministry of Enterprises and Made in Italy and other competent authorities;

-   judicial and out-of-court assistance before the ordinary and administrative courts, with particular regard to challenges against measures concerning authorisations, rights of use, access and interconnection, infrastructure, administrative charges, sanctions, service obligations, competitive measures and public incentives for the development of digital connectivity.

The Firm combines legal, regulatory and litigation expertise with a practical understanding of the operational needs of operators and technology companies. Our objective is to identify sustainable and timely solutions that are consistent with the applicable regulatory framework, technological developments and the client’s industrial and commercial objectives.